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HomeMy WebLinkAbout01-102RESOLUTZON NO. 01-102 A RESOLUTZON AMENDZNG THE ST. LUC]:E ~ MANUAL OF PURCHASING REGULATIONS BY CR SECTION 7.9 (AUTHOI:~TZATION TO DEBAR VI SECTZON 18.6 (ASSET CAP'rTALIZATZON GUZbE SECTION 18.8 (HARbWARE COSTS): SECT*J:C (SOFTWARE COSTS): MAK'rNG CERTATN ED] CHANGES FOR CLAR~FTCATION; AND PRov'rD: EFFECTIVE bATE. WHEREAS, on October 7, 1985, the Board of County camm County (the "Board") adopted Resolution No; 85-212 which esta~ regulations and procedures for St. Lucia County, Florida as set forth Manual of Purchasing Regulations and Procedures (the "Purchasing date, the Purchasing Manual has been amended from time to time, mo; No. 01-26; and, WHEREAS, in order to protect the interest of St. Lucia Cot establish a procedure for the debarment of vendors and to establi guidelines; and, WHEREAS, it is also necessary to amend the Purchasing M editorial clarifications. NOW, THEREFORE, be it resolved by the Board of Count' Lucia County, Florida: 1. The St. Lucia County Manual of Purchasing Regulations al ,'aUNTY EATZNG .:NDOR): LINES); N 19.1 TORZAL NIG AN ssioners for St. Lucia ,lished the purchasing in the St. Lucia County ~anual") and since that recently by R~solution nty, it is necessary to sh asset capitalization anual to make certain Commissioners of St. dProceduresishereby amended as shown in the attached Exhibit "A". 2. This resolution shall become effective upon odoption. PASSED AND bUL¥ ADOPTEb this~ ATTEST: /I/ day of 5eptemb~ .r, 2001. BOARb OF COUN"Y COMMZss[ONERS. ST. LUCZE COUN'I'Y, FLOP-,'r~ APPROVE!:L,,A$ TOL FORM AND C,ORI:~ECTNE$$: 7.9 SECTZON 7 - VENDOR SELECT~ON Authorization to Debar Vendor The following is the procedure for the debarment of vendor this procedure, Debarment means that a vendor is prohibited fr proposals to perform work for St. Lucia County. A. Cause for Debarment. The causes for Debarment incluc 1. Entry of a plea of guilty, no contest or nolo content commission of a criminal offense as an incident to obtaining or attar or private contract or subcontract, or in performance of such contr, 2_. Entry of a plea of guilty, no contest or nolo conten, state or federal statutes of embezzlement, theft, forgery, br des,ruc,ion of records, or receiving s,olen property, or any o,her of business integrity of business honesty which currently, seriously responsibility as a County con,fac,or. 3. Entry of a plea of guilty, no contest or nolo conten( state or federal anti-trust statutes rising out of submission of bids 4. Violation of provisions of contracts with County, as is regarded by the Purchasing Director as cause for Debarment: (a) Failure without good cause to parlor specifications or within the time limits pr or, For the purposes of submitting bids or Ire to or conviction for )ting to obtain a public lCt. Jre or conviction under ibery, falsification or :ense indicating lack of , and directly affects ire or conviction under or proposals. set forth below, which ~ in accordance with 'ovided in the contract; (b) A record of failure to perform or of unso~ in accordance with the terms of one or the previous three (3) years; provided or unsatisfactory performance cousec hat failure to perform by acts beyond the control of the contractor shall not be for Debarment. §. Refusal to enter into o contract with the County by insurance, or other required certificates within the time periods response. 6. Refusal to accept o purchase order, agreement or c(~nsidered to be a basis failing to provide bonds, s specified in bid/RFP ontract, or to perform thereon, provided such order was issued timely and in conformance 7. Presence of principals or corporate officers in the were principals within another business at the time when the other within the lost three ('3) years under the provisions of this section. 8. Violation of the ethical standards set forth in stat 9. Providing anything of value, including but not limited promise of future employment, favor or service to any employee to contract or purchase of items from a contract. 10. Any other cause the Purchasing Director determin compelling os to affect the credibility as o County vendor, includin¢ government entity for any cause listed in this section. B. Recommended Decision. The Purchasing Director shall iss advises o vendor that a recommendation will be made to the Coun~ The notice shall state the reasons for the action taken and inform to an administrative review. ¢. Hearing Procedure. L Right to Request o Hearing: Any person dissotisfie with the offer received. usiness or concern who ,usiness was suspended laW. to, a gift, loan, reward, influence the award of ss to be so serious and debarment by another. ~e a notice letter which ~.dministrator to debar. ' he vendor of its rights I or aggrieved with the notification of the Purchasing Director's determination regarding a I]~ebarment must, within ten (la) calendar days of such notification, appeal the determination in accordance with the hearing procedures contained in this section. · isfoctory performance more contracts within 2. Hearing bate: Upon receipt of the request fo Administrator shall appoint a Hearing Officer at which time the pe opportunity to demonstrate why the recommendation of the Purcha., denied. All Parties shall be given prior notice of the hearing. 3_. Decision: The Hearing Officer shall render o writte (30) days of the hearing. Any decision to debar a contractor shall b~ not to exceed three (3) years. b~ Appeals. An aggrieved party may appeal the decision of the [~oord of County Commissioners. Such appeal shall be a hearing c be filed within thirty (30) days of the execution of the written d officer. The Board's decision to debar o person or business shall be days of the execution of the written decision by the hearing office~ to debar o person or business shall be final and conclusive unless the o timely appeal of the Board's decision pursuant to the Florida Rules E. Reinstatement. A person or corporation may be reinstal the County under the following conditions: 1. Discovery of new and material evidence not previou 2. Dismissal of indictment or reversal of condition. 3. Bonafide change in ownership or management suffic of present responsibility. The request for reinstatement shall be forwarded in wril Director. The County Administrator shall determine whether to reit submission of evidence to the above referenced office, without consideration of the written submission and any recommendatior Director, the County Administrator shall render the decision in writin.c from the receipt of a recommendation from the Purchasing birecte County Administrator may be appealed to the 8oard of County Camm Section 7.9 b. 7.910. Requests for (~ualifications The Board may authorize the issuance of Requests for Qualifications or businesses which are qualified to provide goods, equipment, qualifications as are approved by the Board. Responses to RFQ,'s sh Board or the Board may authorize the County Administrator to appoin to make o recommendation to the Board. Upon the selection of qualifi~ hearing, the County rson shall be given the :ing birector should be decision within thirty ; in effect for a period the hearing officer to e nova. An appeal shall ecision by the hearing Filed within thirty (30) · The Board's decision debarred person files if Appellate Procedure. 'ed to do business with sly available. ant to justify a finding ing to the Purchasing state based on written urther hearing. Upon from the Purchasing i within thirty (30) days r. The decision of the ssioners as provided in (RFC~'s) to select firms or services based on =11 be evaluated by the a selection committee ~ firms, the Board may (1) enter directly into contract negotiations with the firm or firms del which may include simul,aneous nego,iations with two or more quail Requests for Bids or Requests for Proposals as previously described in negotiations may be delegated by the Board to the County Adminisl Professional services regulated by the Consultants Competitive Ne 287.055, Florida Statutes, (the "CCNA") may be acquired through R requirements of the CCNA are met as described in Chapter 10 of th 7.~gl 1. Procurement Procedures for 5tare or Federally Funded The Board recognizes that certain procurement procedures for sto grant programs may, from time to time, conflict with standard St. b~ The County Administrator, therefore, is authorized to modif procedures in order to comply with procurement procedures for st grant programs provided that no modification may be less stringent County procedure unless approved by the Board. The County Pul maintain a list of state or federal procedures which have been admin the County Administrator. ermined to be qualified fled firms or (2) issue this Chapter. Contract tatar or his designees. gotiation Act, Section --Q's provided that the is Manual. Grant Programs te or federally funded cie County procedures. County procurement te or federally funded ~han the corresponding chasing Director shall [stratively approved by 18.6 Asset Capitalization Guidelines These guidelines are being provided to assist management when ma between which asset related expenditures are/are not recommend accordance with governinq laws, rules and regulations. The following g noted, apply equally to both Governmental Funds (funds that start w 6) and Proprietary Funds (funds that start with the #4 or §). C)efi needed. A__~. New Assets - Consistent with the threshold limit 274.02(1) F.5. and addressed in 5action 18.1 of this Purchasing Manu more incurred to acquire assets or to make assets ready for their capitalized. B~ Additions - Non-transitory additions to previously capit the capitalization requirements of 18.6 (Al above, should be capitali existing asset/property record. However, transitory additions to assets that meet the capitalization requirements of 18.6(A) above, s a separate asset/property record. C_. Replacements - The cost to replace an entire asset in a P be capitalized if it meets the capitalization requirements of 18.6(t removed and new costs are capitalized. The replacement cost components, for Proprietary Funds, are recommended for capitaliz capitalization requirements above and at least one of the following c 1_. Extend the useful life of an asset 2_. Tncrease the quantity of services provided by c~n asset :Increase the quality of services provided by an asset. Two methods are recommended to recOgnize these costs: 1_. Substitution Method - remove the old costs and depreciation and replace with the new. Capitalization of New Cost Method - The new the original asset account without removing the may be appropriate when it is reasonable to cost has been reduced to an insignificant amour charges. In practice, this method is used when o are indeterminable. king the determination to be capitalized in ~idelines, except where the #001, 1, ;>,3 or nitions are provided as set forth in Chapter ~1, costs of $7§0.00 or ntended use should be alized assets that meet zed as add-on's to the previously capitalized hould be capitalized as roprietary Fund should above, old costs are of add-on's or major ation if they meet the riteria: ~ssociated accumulated )sts are capitalized to old costs. This method sume that the original t through depreciation -iginal component costs The cost to replace on entire asset in o Governmental Fund should bE the capitalization requirements above, old costs ore removed and ne~ However, replacement costs for odd-offs or major components sba capital expenditures, unless the costs significantly impacts the corr' In this case, remove the old cost associated, with the add-on or replaced and capitalize the new cost provided the new cost mE requirements above. b_~. Repairs & Maintenance - Costs that ore associa maintenance (i.e., lubrication, cleaning, replacement of minor parts, recommended for capitalization. However, major repairs that pro benefits for future periods are recommended for capitalization in Pre meet the capitalization requirements of :[8.6 (A) above. E~. OVERVIEW OF CAPITALXZA'IT. ON &UIDELXNES: Govt. Fund Accts. 56XXXX 56XXXX 5XXXXX Non - Cap. # 56XXXX New Asset Costs (If $750.00 or more) Cost of Additions (If $750.00 or more) Perm.- Add-on Non-Perm - 5ap. Asset Replacement cost of Add-on or Major Component (If $750.00 or more) Cost to Replacement Asset Note: Acct. #s that start with 56 are capital expenditures. other than o 6, the expenditure is non-capital. 18.7 Modular Furniture :capitalized if it meets costs are capitalized. ~ld be treated as non- 4ng value of the asset. aa jar component being :ets the capitalization ted with repairs and : painting, etc.) are not Jide additional service prieta~y Funds, if they Proprietary Fund Accts. if ti 56XXXXX 56XXXX 56XXXX 56XXXX This section has been added to provide additional guidance as it modular furniture. However, the guidelines established in Section :[8. of this Purchasing Manual also apply. digit is anything specifically relates to ~ (Asset Capitalization) A_~. Tn accordance with Auditor General recommendations, modular furniture be capitalized as part of the building when it is have it permanently installed. B~ When this is not the case, it should be capitalized as et by individual unit or by lot. !8.8 Hardware Costs Capitalization guidelines are set forth in 5action 18.6 (Asset Capitalize Manual. A~ This section has been added to provide additional gui relates to computer hardware. COMPUTER HARDWARE CAPT. TALT. ZA TT. ON Govt. Fund Accts. 564000 New Equipment (If $750.00 or more) 564000 Cost of Additions/Upgrades (]:f $750.00 or more) Perm.- Add-on NonPerm - 5ap. Asset 551501 Cost of Additions ('rf Less than $750.00) 551501 Replacement/Upgrade of Add-on or Major Component (Zf $750.00 or more) 564000 Cost to Replacement Asset Disposition of Computer Hardware- The procedures County property are addressed and should be followed as outlined Purchasing Manual. it is recommended that nanagement's intent to luipment and furniture, :tion) of this Purchasing Jance as it specifically Proprietary Fund Accts. 564000 564000 551501 564000 564000 for the disposition of in 5action 18.4 of this 19.1 Software Costs $ECT3:ON 19 - INTANGIBLE ASSETS These guidelines are being provided to assist management when ma between which asset related expenditures are/are not recommend accordance with governing laws, rules and regulations. The following to both Governmental & Proprietary Funds except where noted. A_~. New Assets - Consistent With the threshold limit 274.02(1), F.5., costs of $750.00 or more incurred to acquire dave{aped) or to make an asset ready for its intended use should be B__=. Upgrades - Upgrades to existing software that requirements of 1cy.1(1) above should also be capitalized. Remove old :l:f old remains in use, capitalize new costs separately. C_. This section has been added to provide additional gui relates to computer software capitalization. Govt. Fund Accts. 564000 568000 568000 SOFTWARE CAP'rTAL~ZAT~ON: Original Software if Purchased with PC or System (Aggregate $750.00 or more) OR (Tf Purchased 5eparately and Value is $750.00 or more) Add New Software to PC or System (Capitalize if $750.00 or more) OR king the determination ~d to be capitalized in uidelines apply equally set forth in Section assets (not internallY capitalized. eat the capitalization osts and capitalize new. Jance as it specifically Propr ietary Fund Accts. 564000 568000 568000 551501 (Expense if under $750.00) 551501 568000 Upgrades to Software 568000 ($750.00 or more)